(1) In this section:
"manufacturer's pack", of an unscheduled medicine, means a primary pack of the medicine that has been packaged and labelled by the medicine's manufacturer as prescribed by regulation.
Note Primary pack means the pack in which medicine and its immediate container or immediate wrapper or measure pack are presented for sale or supply (see the medicines and poisons standard).
"unscheduled medicine" means a substance mentioned in the medicines and poisons standard, schedules 2, 3, 4 or 8 if none of the schedules apply to the substance because of an exception in the standard.
Example
Aspirin is mentioned in several schedules but in small packages is an unscheduled medicine.
(2) A person commits an offence if—
(a) the person is the occupier of premises; and
(b) a vending machine is installed on the premises; and
(c) the vending machine is used, or available for use, for the supply of an unscheduled medicine.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
(3) Subsection (2) does not apply if the vending machine was placed on the premises without the occupier's consent.
(4) Also, subsection (2) does not apply if—
(a) the unscheduled medicine is supplied in a manufacturer's pack containing not more than 2 adult doses of the medicine; and
(b) the medicine was packed in the manufacturer's pack by the manufacturer of the medicine; and
(c) the vending machine is presented and located in a way that makes unsupervised access by children unlikely.
Note to div 4.3.6
"Paint"—see the medicines and poisons standard, pt 1, par 1 (1) (see s 16).